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Bombay High CourtABA/901/2024disposed off

Sagar Bapuso Nichite v. State Of Maharashtra

2024-04-19Hon'Ble Shri Justice Manish Pitale3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 901 OF 2024 Sagar Bapuso Nichite .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Akkshay Mishra i/b Mr. Ramji Kotali , for the applicant. Ms. Poonam P. Bhosale, APP for the State/Respondent. Mr. Vikas Kolekar a/w Ms. Monica Dushmikar, for the Intervenor.

______ CORAM :SARANG V. KOTWAL, J.

DATE : 19th APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R No. 3 of 2024 registered at Deccan Police Station, Pune on 13/01/2024, under Sections 406 and 420 of the Indian Penal Code.

2.

Heard Mr. Mishra, learned counsel for the Applicant, Ms. Bhosale, learned APP for the Respondent-State and Mr.

Kolekar, learned counsel for the Intervenor.

3.

The gist of the allegations in the FIR are that the Applicant had obtained Rs. 25 lakhs from the informant on the pretext of investing in shares. That amount was misappropriated. Learned counsel for the Applicant submitted that out of the amount of Rs. 25 lakhs, Rs. 5 lakhs were repaid. The balance amount is Rs. 20 lakh. The Applicant is willing to deposit that amount in this Court without prejudice to the rights and contentions of the Applicant and he has no objection if the informant withdraws the said amount.

4.

Considering the statement made, to test his bonafides, today I am adjourning the matter. However, the Applicant may file affidavit before the next date. Hence the following order.

ORDER

(i) In the event of his arrest in connection with C.R No. 3 of 2024 registered at Deccan Police Station, Pune, till the next date, the Applicant is directed to be released

on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 26/04/2024.

(iii) The applicant is permitted to deposit the amount of Rs. 20 lakh before the next date.

(iv) Stand over to 26/04/2024. To be listed on the supplementary board.

(SARANG V. KOTWAL, J.)